Source: All England Reporter
Publisher Citation: [2005] All ER (D) 325 (Nov)
Neutral Citation: [2005] EWHC 2644 (Admin)
Court: Administrative Court
Judge:

Bennett J

Representation Nicholas Wilcox (instructed by Nicholas Wirz, Gateshead) for the claimant authority.
  Martin Westgate (instructed by Russell Jones & Walker) for C and D, the interested parties.
Judgment Dates: 24 November 2005

Catchwords

Police - Compulsory retirement - Permanent disablement - Reference to medical practitioner - Medical practitioner certifying police officers permanently disabled - Medical practitioner finding disablement due to vulnerability to anxiety disorder - Medical practitioner questioning whether diagnoses valid in light of regulations - Whether defendant entitled to qualify decision - Whether 'vulnerability' falling within regulation as 'medical condition' - Whether medical practitioner to address question whether police officer unable to carry out duties as a police officer when determining permanent disablement - Whether certificates to be quashed - Police Pensions Regulations 1987, SI 1987/257, reg A12(2), (5).

The Case

Whether or not a police officer was suffering from a 'medical condition' under regA12(5) of the Police Pensions Regulations 1987, SI1987-257, was not to be determined by what the selected medical practitioner might in his opinion consider to be a 'medical condition'. The words 'medical condition' had to be construed as meaning a condition recognised by medicine within, for example, the International Classification of Diseases or the Diagnostic and Statistical Manual of Mental Disorders. Unless the disablement was 'occasioned by infirmity' it could not come within the Regulations.

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